|
|
Elementary & Secondary Education Committee
Filed: 4/1/2008
|
|
09500HB3642ham001 |
|
LRB095 10339 HLH 47378 a |
|
|
| 1 |
| AMENDMENT TO HOUSE BILL 3642
|
| 2 |
| AMENDMENT NO. ______. Amend House Bill 3642 by replacing |
| 3 |
| everything after the enacting clause with the following:
|
| 4 |
| "Section 5. The Illinois Municipal Code is amended by |
| 5 |
| changing Section 1-2.2-20 as follows: |
| 6 |
| (65 ILCS 5/1-2.2-20)
|
| 7 |
| Sec. 1-2.2-20. Instituting code hearing proceedings. When |
| 8 |
| a police
officer or other individual
authorized to issue a code |
| 9 |
| violation finds a code violation to exist, he or
she
shall note |
| 10 |
| the violation on a
multiple copy violation notice and report |
| 11 |
| form that indicates (i) the name and
address
of the defendant, |
| 12 |
| (ii) the
type and nature of the violation, (iii) the date and |
| 13 |
| time the violation was
observed,
and (iv) the names of
|
| 14 |
| witnesses to the violation.
|
| 15 |
| The violation report form shall be forwarded to the code |
| 16 |
| hearing department
where a docket
number shall be stamped on |
|
|
|
09500HB3642ham001 |
- 2 - |
LRB095 10339 HLH 47378 a |
|
|
| 1 |
| all copies of the report and a hearing date shall be
noted
in |
| 2 |
| the blank spaces
provided for that purpose on the form. The |
| 3 |
| hearing date shall not be less than
30 nor more than 40
days |
| 4 |
| after the violation is reported.
However, if the code violation |
| 5 |
| involves a municipal ordinance regulating truants, the hearing |
| 6 |
| date shall not be less than 7 nor more than 40 days after the |
| 7 |
| violation is reported.
|
| 8 |
| One copy of the violation report form shall be maintained |
| 9 |
| in the files of the
code hearing
department and shall be part |
| 10 |
| of the record of hearing, one copy of the report
form shall be |
| 11 |
| returned to
the individual representing the municipality in the |
| 12 |
| case so that he or she may
prepare evidence of the code
|
| 13 |
| violation for presentation at the hearing on the date |
| 14 |
| indicated, and one copy
of the report form shall be
served by |
| 15 |
| first class mail to the defendant along with a summons |
| 16 |
| commanding
the defendant to appear
at the hearing.
In |
| 17 |
| municipalities with a population under 3,000,000, if the |
| 18 |
| violation report form requires the respondent to
answer within |
| 19 |
| a certain amount of time, the
municipality must reply to the |
| 20 |
| answer within the same amount of time
afforded to the
|
| 21 |
| respondent.
|
| 22 |
| (Source: P.A. 94-616, eff. 1-1-06.)".
|